Ownership and Management of Communal Land

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Questions and Answers

Who holds ownership of communal land?

Individual family members

A corporate institution representing the community (correct)

The headman of the community

The government

What is the role of the headman in relation to communal land?

To act solely as a representative of government interests

To own the land outright

To hold the land in trust for the community (correct)

To decide land ownership disputes

In the context of family land, who possesses the legal title?

The family as a whole (correct)

The family head alone

The community at large

The headman in charge of the family

How is the community defined in the context of land ownership?

As an abstraction that cannot own land Signup and view all the answers

Which statement accurately reflects the relationship between management and ownership of land?

Management is separated from ownership Signup and view all the answers

What principle was established in the case of Alli v. Ikusebiala regarding family heads?

The family head does not serve as a trustee Signup and view all the answers

According to the cultural perspective presented, who does land ultimately belong to?

Ancestors and future generations Signup and view all the answers

Which of the following best characterizes the headman's position in a community?

A trustee acting for the community's benefit Signup and view all the answers

What happens to family land redeemed by a member using their own resources?

It retains its character as family land. Signup and view all the answers

Which group is typically not recognized for inheritance of family property?

Strangers and non-family members. Signup and view all the answers

What is generally true about the inheritance rights of a wife or widow?

They have no right of inheritance. Signup and view all the answers

Which of the following groups is considered to inherit family land according to recent judicial authorities?

Female children. Signup and view all the answers

What duty does the family head NOT have regarding family property?

Use family property for personal gain. Signup and view all the answers

Under what circumstances can grandchildren inherit family property?

Upon the death of their parents. Signup and view all the answers

Which custom-related factor prevents certain children from inheriting land?

They must be considered 'free born'. Signup and view all the answers

What is a primary responsibility of the family head when managing family property?

Ensure the property is in good repair. Signup and view all the answers

What is required for a family head to validly alienate family property?

Consent from principal family members Signup and view all the answers

Who typically assumes the role of the family head under most customs in Nigeria?

The eldest surviving male member of the family Signup and view all the answers

In a situation where the eldest surviving child is female, who becomes the family head?

The eldest male child next to her Signup and view all the answers

What is the primary remedy for an aggrieved member when a disposition is void?

Action for declaration of title Signup and view all the answers

What happens when the founder of the family passes away without leaving a son who is sui juris?

The nearest male relation in the extended family acts for the infant Signup and view all the answers

What mechanism allows senior male members to choose their family head?

Popular vote among senior males Signup and view all the answers

What must be spelled out in a Power of Attorney executed for communal or family property?

The extent and limit of the donee’s power Signup and view all the answers

What can happen if the family is a titled one regarding who becomes the family head?

The title holder's eldest son automatically becomes the head Signup and view all the answers

Which of the following is true regarding the validity of a Power of Attorney in a family context?

It must be executed by the Head of the Family. Signup and view all the answers

When can a family head be appointed by express designation?

By the founder before death or in a Will Signup and view all the answers

What is the difference between void alienation and voidable alienation?

Void alienation is inherently invalid, voidable can be set aside. Signup and view all the answers

What must a family head consider before engaging in the management of family property?

Consultation with principal family members Signup and view all the answers

Which of the following is NOT a method of determining family property?

Family deliberation Signup and view all the answers

What is the traditional view regarding the accountability of a family head?

The family head is not accountable for rents and profits. Signup and view all the answers

Under Nigerian customary land law, what is stated about the accountability of the family head?

The family head is fully accountable to all family members. Signup and view all the answers

Who are considered the principal members of the family?

The respective heads of various family branches. Signup and view all the answers

What happens to the role of a principal member when one of them dies?

The head of the deceased's branch becomes the new principal member. Signup and view all the answers

What does the term 'alienation' refer to in the context of family property?

The transfer of land or interest to another person. Signup and view all the answers

Which of the following is considered a permanent transfer of family property?

A sale of land to an external party. Signup and view all the answers

The composition of the principal members in a family largely depends on what factor?

The structure of the family. Signup and view all the answers

Which case held that the family head was accountable to the members?

Osuro v Anjorin Signup and view all the answers

Study Notes

Ownership of Communal and Family Land

Communal land is owned by the community as a corporate entity.
Family land is owned by the family as a corporate entity.
King Eleshi of Odogbolu stated in 1908 that "land belongs to a vast family of which many are dead, few are living and countless of the dead and unborn count more than those of the living members. If land can be said to be owned by anyone, it is the dead and the unborn."

Management of Communal and Family Land

Communal land is managed by the headman or chief, assisted by elders, chiefs, and minor chiefs.
Family land is managed by the family head, together with principal members of the family.
The headman or family head acts as a trustee for the benefit of the community or family.
Management is separate from ownership.
The community or family must act through human representatives, as they are not legal entities.

Rights of Special Family Members

Wives/widows generally have no right of inheritance, but may be regarded as part of assets in intestate succession in some regions.
Children are considered part of the founder's family.
Children inherit self-acquired property upon the landowner's death, including both male and female children.
Grandchildren do not inherit until the death of their own parents.
Recent judicial authorities are moving towards recognizing female inheritance rights.
Extended family members (brothers, sisters, etc.) are not part of the "family" for inheritance purposes.
Slaves are not entitled to inherit land due to customary law requiring "free-born" status.
Strangers are not entitled to inherit land, but may be customary tenants.

Duties of the Family Head

Preserve family property from unlawful interference.
Maintain family property in good repair.
Allocate portions of family land to needy members.
Collect rent and pay for outgoings.
Participate in the transfer or alienation of family property to ensure a valid title.

The Family Head: Powers and Accountability

The family head acts as a trustee for the benefit of the family.
The family head is required to consult with other principal members of the family in cases of alienation (sale, lease, mortgage).
The family head does not enjoy absolute powers.
The family head is usually the eldest surviving male member, though female headship has been recognized in certain cultures.
The family head may be appointed by operation of law or by express appointment.
The family head is generally not accountable for rents and profits from family property, though this view is being challenged.

Principal Members

These are the heads of the various branches of the family.
In a polygamous family, each wife's children form a branch.
The oldest member of each branch acts as the principal member for that branch.
If a principal member dies, the head of his own branch takes his place.

Alienation of Family Property

Alienation refers to the transfer of family land to another person.
Permanent transfer includes sale, absolute gift, or partition.
Temporary transfer includes leases, pledges, and customary tenancy.
A void disposition can be challenged through a declaration of title action.
A voidable disposition can be challenged through an action to set aside the transaction.

Use of Power of Attorney in Management of Communal/Family Property

Power of Attorney (POA) is used when it is difficult to identify principal members.
POA is an instrument of delegation of power from the community/family to an attorney.
POA must be executed by the head of the community/family.
POA must specify the extent and limits of the attorney's power.
Any POA not executed by the head of family is void.

Determination of Family Property

Proper Conveyance.
Partitioning
Government Acquisition

Class Activities

Discuss the nature of land holding under the customary land tenure system in Nigeria.
Compare ownership and management of communal/family land.
List seven rights of members in communal/family land.
Explain the difference between void alienation and voidable alienation.

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Description

Explore the intricate concepts of ownership and management of communal and family land. Understand how ancient principles defined by figures like King Eleshi shape contemporary views on land rights and inheritance. This quiz delves into the roles of community heads and family members in managing land resources.